Must the amounts of the two capitals in a partnership be equal?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is not a condition for validity that the amounts of the two capitals be equal. This view is held by Al-Hasan, Al-Sha'bi, Al-Nakha'i, Al-Shafi'i, Ishaq, and the Ashab al-Ra'y (Hanafi jurists). Since both capitals are currency, the partnership contract is valid upon them, similar to when the amounts are equal.

Supporting text

Some followers of Al-Shafi'i stipulated that equality in amount is required for validity.